VINOD KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD the learned counsel for the applicant, learned A.G.A. and perused record. The applicant is involved in Case Crime No.993 of 2008, under Section 302 I.P.C. and 3 (2) (V) S.C./S.T. Act, Police Station Moti Pur, District Bahraich. As against the genuineness of the prosecution case and complicity of the applicant it is submitted that a sickle has been assigned to him and according to the prosecution story he inflicted injury by sickle on the head/face of the deceased. But in the post mortem report the cause of death has been found to be ante mortem strangulation, injury no.5 which a contusion. It is also pointed out that the report was lodged against unknown persons. Subsequently after three days it is said that few witnesses of village came forward and told to have seen the occurrence in the night at about 10.00 p.m. but no source of light has been disclosed. It is said that on account of enmity of village pradhan the applicant has been implicated. He is said to be in jail from 28.12.2008. It is said that except a petty offence under Section 60 of Excise Act and there is no other case pending against him. The bail is however, opposed by learned A.G.A. The points pertaining to nature of accusation, danger of accused absconding or fleeing if released on bail, character, behaviour and position of the accused, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered. In view of the aforesaid facts and circumstances and without entering into the merits of the case and particularly having regard to the discussion made hereinabove, I find it to be a fit case for granting bail. Let the applicant (Vinod Kumar) be enlarged on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the Magistrate/court concerned.